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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Cherian Varkey Construction Company Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent
1. These matters raise a challenge to government orders that grant preference to labour contract societies up to 10% over the quoted amount of the lowest bidder. These matters are at the instance of private contractors and are arising from writ petitions negating the challenge by the learned Single Judge. Additionally, there are fresh writ petitions contesting the government orders and consequential stipulations in the notice inviting tenders. Since the questions to be considered in all these matters are the same, it is appropriate that all these cases are disposed of by a common judgment.
2. The Government of Kerala, by an order dated 13/11/1997 decided to accord preference to labour societies. In that Government order, the maximum value of the work at a time that can be undertaken by ‘A’ class society is for an amount of Rs. 50 lakhs ‘B’ class society is Rs. 30 lakhs and ‘C’ class society is Rs. 10 lakhs. The labour society will have a preference for the award of the work if their tender is up to 10% of the lowest tender. It outlined eligibility conditions such as a minimum 50 labourers as actual members of society and sympathisers up to 10% of the actual membership. Subsequently
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